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HomeMy WebLinkAbout02-106 CC ResolutionRESOLUTION NO. 02-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. 01-0572 - A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A T~VENTY-SlX FOOT HIGH, FOURTEEN FOOT WIDE UNMANNED WIRELESS TELECOMMUNICATION FACILITY HOUSING SlX ANTENNAS AND ASSOCIATED EQUIPMENT. THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD ON THE CHAPARRAL HIGH SCHOOL CAMPUS; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBER 961-080-007. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Marc Meyers, representing Compass Telecom, filed Planning Application No. 01- 0572, Conditional Use Permit/Development Plan, for the property generally located on the southwest corner of Nicolas Road and Winchester Road also known as Assessor's Parcel Numbers 961-080-007 ("Project"). B. The application for the Project was processed and a Notice of Exemption was made pursuant to the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2002-28 approving a Conditional Use Permit/Development Plan for the Project. D. On November 12th, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. E. On November 12, 2002, the City Council of the City of Temecula denied an appeal of the Plan. ning Commission decision to approve the Conditional Use Permit/Development Plan when it adopted Resolution No. 02-106. Section 2. The 'City Council hereby makes the following findings as required in Sections 17.04,010E and 17,05010F of the Temecula Municipal Code: Conditional Use Permit (17.04.010E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. R:/Resos 2002/Resos 02-106 1 Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula Genera/Plan and the applicable sections of the Development Code. The project as proposed meets the genera/ requirements as outlined in the Telecommunications Facility and Antenna Ordinance. The facility shall be located outside of all yard and street setbacks specified in the Public Institutional zoning district. The facility, as proposed, has been designed to b/end in with the surrounding environment. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. As proposed, the telecommunication facility is designed so as to completely screen the antennas and associated equipment. The proposed facility is twenty-six feet high of which six feet is below grade resulting in a structure that is twenty feet in height as viewed from street level. This design and height is consistent with the existing built environment and will not adversely affect the adjacent buildings. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for projects located within the Public Institutional zoning district. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and we/fare are safeguarded. The project as designed is inaccessible and will not create any concerns for the overall welfare of the community. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to afl appficable codes and ordinances before the Planning Commission. Section 3. Development Plan (17.05.010F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for the Public Institutional Facilities (Pi) development in the City of Temecula General Plan, as FFResos 2002/Resos 02-106 2 well as the development standards outlined the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed twenty-six foot high-unmanned wireless telecommunication facility. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and ali construction will be inspected by City staff prior to occupancy. The Fire Department has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 4. The City Council of The City Of Temecula hereby denies the appeal of a Planning Commission decision to approve Planning Application No. PA01-0572, a Conditional Use Permit/Development Plan to design, construct and operate a twenty-six foot high, fourteen foot wide unmanned wireless telecommunication facility housing six antennas and associated equipment. The subject property is generally located at the southwest corner of Nicolas Road and Winchester Road on the Chaparral High School campus; also known as Assessor's Parcel Number 961-080-007, subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Resolution. PASSED, · th APPROVED AND ADOPTED th~s 12 day of November, 2002 Ron Roberts, Mayor ATTEST: Jone [SEAL] PJResos 2002/Resos 02-106 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-106 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 12th day of November, 2002, by the following vote: COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 0 ABSENT: 1 ABSTAIN: 0 None Stone None City Clerk R/Resos 2002/Resos 02-106 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT PJResos 2002/Resos 02-106 5 EXHIBIT A ClTY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No: 01-0572 (Conditional Use Permit/Development Plan) Project Description: A Conditional Use Permit/Development Plan to design, construct and operate a twenty-six foot high- unmanned wireless telecommunication facility housing six antennas and associated equipment on the Chaparral High School campus located at 27215 Nicolas Road. DIF Category: Exempt Assessor's Parcel No: 961-080-007 Approval Date: November 12, 2002 Expiration Date: November 12, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall R/Resos 2002JResos 02-106 6 deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. All conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Exhibits D (Site Plan), E (Elevations), F (Landscaping) contained on file with the Community Development Department - Planning Division. The colors and materials for the project shall substantially conform to the colors and materials on the existing Chaparral High School Campus. Additional mascot logo relief, i.e. insets and projections, shall be incorporated into all four elevations of the facility. The modifications shall be shown on the construction drawings. 10. The "Chaparral High School" sign and school mascot logo shall be incorporated into all four elevations of the facility. The improvements shall be shown on the construction drawings. 11. The location of the proposed telecommunications facility shall achieve a 20 ft. front yard setback (Nicolas Road) and 15 ft street side yard setback (VVinchester Road) in accordance with Section 17.12.040 of the Development Code. Prior to the Issuance of Grading Permits 12. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. R/Resos 2002/Resos 02-106 7 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. Prior to the Issuance of Building Permits 14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted and approved by the Community Development Department - Planning Division. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall show temporary irrigation and seeding for the Phase lB area. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). 16. Landscaping construction plans shall show the continuous placement of large evergreen shrubs around the perimeter of the base of the facility structure. Minimum 15-gallon size shrubs shall be utilized so as to achieve immediate screening. 17. A maintenance/facility removal agreement shall be signed by the applicant and submitted to the Planning Director. The agreement shall be in accordance with section 17.40.210 of the Telecommunications Facility and Antenna ordinance and shall comply with all provisions set forth in this section. 18. A License Agreement for Encroachment shall be signed by the applicant and submitted to the Planning Director. The agreement shall be in accordance with all provisions associated with the existing Transportation Corridor along Winchester Road. BUILDING AND SAFETY DEPARTMENT 19. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 20. Submit at time of plan review, complete exterior site lighting plans for the facility showing compliance with Ordinance No. 655 for the regulation of light pollution. All lighting shall R/Resos 2002/Resos 02-106 8 be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. Obtain Street addressing for all proposed buildings prior to submittal for plan review. 24. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 25. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 26. Provide electrical plan including load calculations and panel schedule and mechanical plan for plan review. 27. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 28. Show all building setbacks. 29. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 30. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 31. Fire Department vehicle access roads shall maintain an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 32. During building construction, all locations where structures are to be built or altered shall maintain approved temporary Fire Department vehicle access roads for use until R/Resos 2002/Resos 02-106 9 permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 33. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) 34. Provide a 2A: 10BC fire extinguisher inside each building or temporary structure on the site. 35. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 36. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Printed Name Applicant Signature R/Resos 2002/Resos 02-106 10